Bombay High Court
Saheba Rangnath Tarate died thr lrs Ashruba and orsversusThe Union of India, Through the General Manager, Central Railway,
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the applications to bring the legal heirs on record and ordered amendment of the appeal memos within two weeks.
Summary
The legal heirs of deceased claimants filed civil applications seeking to be placed on record in appeals previously dismissed by the court, as the original orders were still in the names of the deceased claimants, preventing the heirs from withdrawing deposited amounts. The court recognized the procedural difficulty faced by the heirs and allowed the applications to bring the heirs onto the record. It directed the parties to amend the appeal memos to reflect the heirs' names within two weeks. Consequently, the applications were disposed after granting the relief. The decision underscores the court's willingness to correct procedural oversights to protect the rights of legal heirs.
Issues considered
- Whether the legal heirs of deceased claimants can be added to the appeal record to enable withdrawal of the amount deposited by the acquiring body
Subjects
- legal heirs
- appeal amendment
- civil application
- procedural correction
- withdrawal of deposit
- railway compensation
Judgment
2026:BHC-AUG:39969
1 939,940&942.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
939 CIVIL APPLICATION NO. 9522 OF 2026
IN FA/668/2026
DAMU BHAU TOTARE DIED THR LRS PANDURANG AND
OTHERS
VERSUS
THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
CENTRAL RAILWAY,
...
AND
940 CIVIL APPLICATION NO. 9524 OF 2026
IN FA/819/2026
DATTU SARJERAO TARATE,
VERSUS
THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
CENTRAL RAILWAY,
...
AND
942 CIVIL APPLICATION NO. 9532 OF 2026
IN FA/822/2026
SAHEBA RANGNATH TARATE DIED THR LRS ASHRUBA AND
ORS
VERSUS
THE UNION OF INDIA, THROUGH THE GENERAL MANAGER,
CENTRAL RAILWAY,
...
Advocate for Applicants : Mr. Shinde Chandrakant Kondiram
AGP for Respondent No. 3 : Ms. Preeti Diggikar
…
CORAM : MANJUSHA DESHPANDE, J.
DATE : 28th AUGUST, 2026
2 939,940&942.odt
PER COURT :
1. These Applications are filed by the legal heirs of the original
Claimants in the First Appeals filed by the acquiring body i.e. Union of
India, which has been dismissed by this Court vide order dated
18.04.2026.
2. It is submitted that in all these Appeals since the necessary
correction for bringing LRs on record has not been carried out by the
Appellant while dismissing the Appeal the order stands in the name of
original Claimants who have already expired. As a result of which, legal
heirs of the Claimants are facing the difficulty in withdrawing the amount
deposited by the acquiring body in this Court.
3. In view of the difficulty faced by the legal heirs, they have
filed the Applications for bringing the legal heirs of Claimants on record.
4. In view of the difficulty faced by the legal heirs of the
Claimants, the Applications for bringing legal heirs is allowed.
5. Necessary amendment shall be carried out in the memo of
Appeal by the parties within a period of two weeks.
6. Civil Applications stand disposed of.
( MANJUSHA DESHPANDE, J. )
SPC
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